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    Lost in wv's Avatar
    Lost in wv Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 19, 2008, 07:26 AM
    How can i change my sons last name to mine?
    I have a son who will be 3 on the 24th... I have been with my wife for 4 years.. when we got together she was separated and had filed for divorce... her x lived in another state and did not visit... after several months she moved in with me and we planned to married after her divorce (shes my high school sweet heart)... she got pregnant.. there is No doubt the child is mine... (almost 1 year had passed since she live with her x and she saw no one else) we had a son I was there I signed the papers at the hospital we had agreed on a name and... the state wouldn't give him my name even... it was either her maiden name or the X husbands... so she had to give him hers... at the divorce the papers say"paternity of the child is not in question" the papers were worded to exclude the child because she ,her x the lawyers, the law master and I all knew it was not her x's child... after the divorce we married.. and took the divorce papers to the court house and paid to file for a name change... they came back.. the state of wv wouldn't do it... they needed a letter from both lawyers... we have asked several times for her lawer to end this over in the last 3 years.. he has not.. she can't get any where with him... and he won't take to me..? Should I sue him for mental anguish... can any one point me at some good advice...
    I have tried other sights... no one responded
    please help
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Dec 19, 2008, 01:42 PM
    Excuse me... your post put more questions than we may answer...
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #3

    Dec 19, 2008, 01:55 PM
    Quote Originally Posted by Lost in wv View Post
    ..there is No doubt the the child is mine ....
    Is it LEGALLY PROVEN?
    Quote Originally Posted by Lost in wv View Post
    ...the state wouldnt give him my name even ...it was either her maiden name or the X husbands
    Correct... It is done because state legislation.
    Quote Originally Posted by Lost in wv View Post
    ...after the divorce we married..
    There is PRESUMPTION/ a child born 300 days after divorce is PRESUMED to be a child of marriage
    Quote Originally Posted by Lost in wv View Post
    ...they needed a letter from both lawyers ...
    That's correct-you can sign "three party agreement"
    Quote Originally Posted by Lost in wv View Post
    ...should i sue him for mental anguish ...
    You?? Not sure... the ex-husband has rights to sue you for emotional damages.

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